Navigating the rules of HOA elections in California can be challenging for homeowners. California law provides specific procedural protections for members participating in HOA elections, and understanding how those rules operate is essential to ensuring a lawful and transparent process.

HOA election requirements are governed primarily by state law and an association’s governing documents. These rules affect how votes are cast, how ballots are handled, and how alleged election irregularities may be addressed. This article provides a general overview of the legal framework that applies to HOA elections in California.

The Legal Framework Governing HOA Elections in California

HOA elections in California are governed by the Davis-Stirling Common Interest Development Act, codified in the California Civil Code. The Act establishes mandatory procedures for board elections, including notice requirements, secret ballot voting, and the use of an independent inspector of elections.

While associations may adopt operating rules or election procedures, those rules must remain consistent with the requirements set forth in the Civil Code. HOAs do not have discretion to ignore or alter statutory election safeguards, even if governing documents suggest otherwise. Failure to comply with these requirements can lead to election challenges or other disputes.

Statewide Election Requirements (Not County-Based)

HOA election procedures in California are established by state law and apply uniformly throughout the state. Counties do not create separate or independent HOA election rules. Variations in election procedures typically arise from differences in an association’s governing documents, size, or voting methods—not from county-specific regulations.

The following areas are commonly misunderstood as varying by county, but are instead governed by statewide law:

1. Voting Methods and Electronic Voting

California law permits HOAs to use various voting methods, including mail-in ballots and, in limited circumstances, electronic voting. Any electronic or alternative voting method must still comply with statutory requirements for secrecy, integrity, and member access. Not all associations are eligible or structured to implement electronic voting, and adoption must follow proper procedures.

2. Quorum Requirements

Quorum requirements are generally established by an association’s governing documents and the California Corporations Code, as applicable. While quorum thresholds may differ between associations, they are not determined by county rules. In some cases, California law allows reduced quorum thresholds for adjourned meetings when statutory conditions are met.

3. Inspector of Elections

California Civil Code requires that HOA elections be conducted by an independent inspector of elections. The inspector’s role includes receiving ballots, determining voter eligibility, counting votes, and certifying election results. The qualifications and duties of inspectors are defined by state law and apply uniformly across California.

4. Election Irregularities and Disputes

Alleged election irregularities may involve issues such as improper notice, mishandling of ballots, or failure to follow required procedures. California law provides mechanisms for members to raise concerns and, where appropriate, challenge election outcomes. The appropriate forum and remedy depend on the nature of the issue and applicable statutory requirements.

5. Membership Votes on Assessments or Governance Matters

Certain HOA decisions—such as approval of special assessments or amendments to governing documents—require a vote of the membership. The procedures and approval thresholds for these votes are governed by the Davis-Stirling Act and the association’s governing documents, not by county-level regulation.

The Voting Process in California HOA Elections

California HOA elections must provide members with a fair opportunity to participate and must preserve the secrecy and integrity of the vote. Elections commonly involve mailed ballots and may include in-person meetings, but voting itself is typically conducted by secret written ballot.

Voting Procedures

Nomination of Candidates: Associations must follow statutory and governing document requirements when soliciting and accepting board nominations.
Ballots and Voting: Ballots must comply with California’s dual-envelope secret ballot system unless a lawful alternative is used. Associations must provide adequate time and notice for members to return ballots.
Election Results and Certification: The inspector of elections is responsible for tabulating ballots and announcing the results. Election materials must generally be retained for the period required by law.
Dispute Resolution: Members who believe election procedures were not properly followed may pursue internal dispute resolution or other remedies permitted under California law.

Understanding and Protecting Member Rights

Both homeowners and board members benefit from a clear understanding of California’s HOA election requirements. Steps that may help reduce disputes include:
Reviewing Governing Documents: Members should review the association’s CC&Rs, bylaws, and election rules in conjunction with applicable statutes.
Confirming Statutory Compliance: Election procedures should be reviewed to ensure they align with current California Civil Code requirements.
Monitoring the Election Process: Transparency and proper oversight can help identify and address potential issues early.

Questions About HOA Elections

HOA election requirements can be technical, and disputes often arise when statutory procedures are misunderstood or overlooked. Understanding how California law applies to your association’s election process can help clarify available options and next steps.